Maryland Immigration Legal Questions

There is unfortunately no chance of your being a derivative of your father legally. If your father does not yet have the green card, he is not the petitioner – rather the principal alien. Your marriage breaks the dependent status. If you remain married, your father would only be able to begin your sponsorship when he becomes a US citizen. There is of course the possibility that U.S.C.I.S. will just complete your family's case and approve permanent residence without more. However, your residence would become an issue if the subject was raised in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

For a woman to take on the last name of her husband is legal without having to do more in the eyes of Immigration, and the U.S.C.I.S. officer undoubtedly thought that he or she was doing you a favor and accommodating your wishes. I note that in situations where permanent residents wish to change their names to make the last name that of the husband on the green card, U.S.C.I.S. will not require a legal name change by the court before granting the request.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Hello. I believe you have a case. Your prior marriage will come up with the new case. They may ask about that history and you will have to prove that it was a bona fide relationship. There are many other things to provide to USCIS to establish a bona fide marriage. But, trips from several years shows a good history. The age gap is not that significant. If you are not in the US in some lawful visa status, then your only option is CP. That takes about 1 year to process.  Please let me know if I can be of any help.... Read Answer

Hi. You should file an Extension with the USCIS. Otherwise, his next trip, they may not let him in and will cancel his existing visa for overstaying. However, if you file the extension, it will show he was in valid stay. The extension request will be denied automatically when he leaves, but should preserve the visa for his next trip. ... Read Answer

As I understand from a short scan on the Internet, a final peace order in Maryland is one in which an individual is ordered to refrain from doing any of a number of acts against another individual. A person who is applying for permanent residence must be admissible to the US. A person who admits to the commission of acts which make him or her inadmissible is barred from the US even if there is no conviction. So a final peace order could slow down your immigration paperwork.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Under the Maryland Highway Safety Act, undocumented immigrants living in the state of Maryland who have filed taxes for the past two years or been claimed as a dependent for that period of time in that state can apply for driver's licenses if they have proof of identity, age, and residence in the state.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You should of course have a legal representative who should request to see your immigration file. Upon seeing such, he or she should be able to determine whether there was defective service of the Notice of Hearing. If so, he or she should be able to file a motion to have your case reopened. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

At this time, you can keep your options open if you so desire by going forward with your EB-2 case along with keeping your H-1B status during the time that you have a recommended asylum approval. Once you obtain the asylum approval, you would likely have to continue working with the H-1B employer if you wish to continue pursuing the EB-2 immigration and have a later argument that you are still maintaining legal nonimmigrant status. A switch of employers without a further H1B approval could open up the thought that you violated your nonimmigrant status leaving you in a position of not being able to adjust status on the basis of an EB-2 approval. Your other path is of course waiting for the asylum approval and applying to adjust status to permanent residence one year thereafter. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You should be able to adjust the timing to allow both your father and mother to immigrate at the same time. It is possible at the NVC stage to hold your father’s case until your mother’s I-130 petition is approved. Kindly note that the financial support form that you will be filling out is not form I-134, but the I-864. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

From your facts, you appear to be qualified for the Administration's program, Deferred Action for Childhood Arrivals (DACA). You can either seek the services of an attorney, legal services program, or if you wish to try it yourself, look at the U.S.C.I.S. website for the form I-821D Consideration of Deferred Action for Childhood Arrivals. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence  ... Read Answer

If you are extraordinary in your field and meet the standards for EB-1A processing, you can essentially sponsor yourself as both the petitioner and beneficiary on Form I-140 petition for immigrant worker. While participation by a company is not required, statements by its personnel on how extraordinary you are and the level of work that you are doing along with verification of your continuing work and salary are usually included in this type of case. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

U.S.C.I.S. will accept other identification such as a school identification card, driver's license, state identity card, other government ID, birth certificate, or any other reliable documentation showing your birth date. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Hello, It is possible that your friend is being held by ICE because he reentered the U.S. illegally after a previous deportation. He will need the assistance of an experienced local immigration attorney to contact ICE to find out why he is in detention, and determine his best options. You may wish to call your local lawyers' referral program if you need help finding an immigration attorney in your area.   Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult with an attorney to obtain specific legal advice for your particular situation.... Read Answer

Probation before judgment generally involves a guilty plea or plea of nolo contendere in my understanding which means that U.S.C.I.S. considers your DUI a conviction. There are two questions in your case – whether U.S.C.I.S. will consider your DUI such an offense as to keep you from having the requisite good moral character to naturalize, and what can be the result since you are on probation if you send in your application at this time. Generally speaking, a single DUI without more would not keep you from being naturalized. However, U.S.C.I.S. will not naturalize anyone who is still on probation. If you send in your application now, there is a likelihood that the agency would hold your case until the period of probation is over. Some immigration officers may also not wish to hold your case and deny it. It might be just as well to time your naturalization filing so that your probation period is over by the time that you are interviewed. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Current visa availability for the F-2A category for the month of February 2014 is up to September 8, 2013. As your wife and children entered under ESTA approvals, they are only allowed to remain for 90 days. Under the present outllok for visa availability, they would not be in legal status at the time that their priority dates clear so that an I-485 adjustment of status application could be submitted. Since you are not a US citizen, they would not be allowed to adjust their statuses if illegal. I suggest your petitioning for them now while they are here, having them return home, and consular processing their cases overseas for green cards.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Assuming that you are able to guarantee sufficient financial support on form I-864 and your husband has nothing that would bar him from this country such as ties to terrorism, crime, fraud or misrepresentation, or belief in polygamy, etc., he should be able to pass the interview and immigrate.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

If a person has not renewed the green card and it has already expired a few years, the green card is most likely lost. Coming to the US in order to get married and adjust status to permanent residence is not a good idea since your fiancée has represented her intention at the port of entry as only visiting the country. Marriage within a short period of time after arrival in the country is frowned upon as being indicative of a misrepresentation of intent upon entry. The best method for you to go about your fiancée's immigration is to either file for a K-1 visa on form I-129F for a fiancée or for residence status using form I-130 petition for alien relative, have it approved, and have her consular process her immigration at the American consulate or embassy overseas.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Your wife can either obtain an extension of time for interview or go into the district office on the date and explain the situation to an immigration examiner. The examiner will then have the option of either conducting a full interview and making a decision for pend the case until you can also be interviewed with your wife.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

I assume that you come from a country, likely China, which has the one child policy and enforces it strenuously. You could submit the I-589 asylum form in triplicate to the Vermont Service Center of U.S.C.I.S. since you appear to be in the state of Maryland. You will later be invited to an interview at the local asylum office which will go over with you the merits of your claim. You would have to show that you have a well-founded fear of persecution if you return to the home country. If you are from China, the focus will be upon the local enforcement policy of the part of China from which you come. That is because different parts of China treat violations of the one child policy differently. If the asylum office awards you asylum, you will be notified shortly after the interview. If not, and you are no longer in legal status, it will issue a notice to appear (NTA) for you to appear before the immigration court at which time you can attempt to win your asylum case before an immigration judge.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

The immigration consequences for criminal convictions are very technical.  It would be inappropriate for an attorney to try and advise you about them in such an informal setting as this.  You should hired a lawyer to review your case in detail and provide you written legal advice specific to your situation before you travel.... Read Answer

We do not quote fees while answering questions on lawyers.com. For fees, you would have to contact us for a consultation. As for your other questions, since your husband is a US citizen and you are a green card holder, either you or your husband could invite your mother over for a visit. Visiting visas are given in the discretion of the American Consulate. Besides the forms, your mother would have to present some evidence showing her intent to return to the home country after the visit. You and/or your husband would supply an affidavit of support on form I-134 and supplement it with materials such as job letter, bank letter, and tax return. You and/or your husband could also write a letter of invitation outlining your plans when your mother arrives and guaranteeing that she will return home after the period of visit.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Your filing for your children after you filed and obtain your US citizenship through claiming that you had no children could certainly pose a danger if you obtained your residence status on the basis of marriage.  If that was the case, the fact that you had children with another woman during the time that you were supposed to be engaging in a bona fide marriage with the wife who sponsored you would raise grave doubts about the validity of that relationship. If U.S.C.I.S. connects the dots in that event, your permanent residence could be in jeopardy.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer